§ 8.01-510.Sale, collection and disposition of debtor's estate by officer.
Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-510
Plain-English Summary
Section 8.01-509 authorizes the sale; Section 8.01-510 tells the officer how to run it once property lands in hand from an interrogatory proceeding.
Real estate goes through the same sale process as any other levied property under § 8.01-492, unless the court directs otherwise, and the officer conveys it to the buyer. Money, bank notes, goods, and chattels are handled exactly as if the officer had levied on them directly under a fi fa, with no separate procedure needed.
Evidences of debt are the trickier category — things like promissory notes or other paper representing a right to payment. The officer has sixty days after delivery to collect on those. Whatever is still uncollected at the end of that window must go back to the clerk’s office, where collection can then be pursued the way § 8.01-497 provides.
The statute backs this with a real consequence: an officer who fails to make that sixty-day return can be treated as having disobeyed an express court order for the return, opening the door to contempt-style enforcement.
Frequently Asked Questions
How is real estate conveyed under this chapter sold?
As other property levied on is sold, under § 8.01-492, unless the court directs otherwise.
How does the officer handle money, bank notes, goods, or chattels received?
The officer disposes of them as if he had levied on them under a fieri facias.
How long does the officer have to collect on evidences of debt?
Sixty days after delivery.
What happens to evidences of debt not collected within sixty days?
They must be returned to the clerk’s office, where collection may be enforced under § 8.01-497.
What happens if the officer fails to make the required return?
He may be proceeded against as if he had disobeyed an express court order for the return.
Amendment History
Code 1950, § 8-440; 1977, c. 617.